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The Police (Conduct) Regulations 2008

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Persons conducting misconduct proceedings: officers other than senior officers

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25.—(1) This regulation applies where the officer concerned is an officer other than a senior officer.

(2) The misconduct meeting shall be conducted by a person appointed by the appropriate authority who is not an interested party and who satisfies paragraph (3).

(3) The person shall—

(a)where—

(i)the officer concerned is a member of a police force, be another member of a police force of at least one rank higher than the officer concerned;

(ii)the officer concerned is a special constable, be a member of a police force of the rank of sergeant or above or a senior human resources professional; or

(b)unless the case substantially involves operational policing matters, be a police staff member who, in the opinion of the appropriate authority, is more senior than the officer concerned.

(4) Where the case is referred to a misconduct hearing, that hearing shall be conducted by a panel of three persons appointed by the appropriate authority, comprising—

(a)a senior officer or a senior human resources professional, who shall be the chair;

(b)where—

(i)the chair is a senior officer, a member of a police force of the rank of superintendent or above or a human resources professional;

(ii)the chair is a senior human resources professional, a member of a police force of the rank of superintendent or above; and

(c)a person selected by the appropriate authority from a list of candidates maintained by a police authority for the purposes of these Regulations.

(5) For the purposes of this regulation, a “senior human resources professional” means a human resources professional who, in the opinion of the appropriate authority, has sufficient seniority, skills and experience to conduct the misconduct hearing or misconduct meeting as the case may be.

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